R-246-93 Resolution Authorizing Execution of a Professional Services Agreement with Banner Consultants for 1993 Road Program (MFT Funded)ITEM VI.B.4
RESOLUTION /21 6
RESOLUTION AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH
BANNER CONSULTANTS FOR 1993 ROAD PROGRAM (MFT FUNDED)
WHEREAS, the Village of Lemont has determined that Motor Fuel Tax funds shall
be utilized for funding the engineering and construction components of the 5 -Year Road
Program; and
WHEREAS, the Illinois Department of Transportation requires a professional
services agreement for all MFT Projects; and
WHEREAS, the Professional Services Agreement with Banner Consultants (Attached
as Exhibit "A ") meets IDOT guidelines for MFT Fund expenditures.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
that the attached Engineering Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
GE OF LEMO , COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this _
day of , 1993.
Kenneth Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
Approved by me this c5-Mt day of
Attest
46./4 .F.,
AYES NAYS PASSED ABSENT
v
v
v
CHARLENE M. SMOLLEN, illage Clerk
CHARLENE M. SMOLLEN, Village Clerk
EXHIBIT A
BANNER CONSULTANTS, INC.
CIVIL ENGINEERS, LAND SURVEYORS
7667 W. 95th Street • Suite 1 E • Hickory Hills, Illinois 60457 • Phone: 708 - 233 -9958 • Fax: 708 -233 -9960
Preliminary /Construction Engineering Services Agreement
for
Motor Fuel Tax Funds
LOCAL AGENCY: CONSULTANT:
village of Lemont
Cook County
Section #
Banner Consultants, Inc.
7667 West 95th St. Suite 1E
Hickory Hills, Illinois 60457
This AGREEMENT is made and entered into this day of , 1993
between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain
professional engineering services in connection with the improvement of the above
SECTION. Motor Fuel Tax (MFT) Funds, allotted to the LA by the State of Illinois
under the general supervision of the State Department of Transportation,
hereinafter called "DEPARTMENT" will be used entirely or in part to finance
ENGINEER services as described under AGREEMENT PROVISIONS.
NAME:
TERMINI
& LENGTH:
SECTION DESCRIPTION
1993 MFT Street Improvement Program
Street Name
KIM PLACE
(Keepataw Drive
CHEROKEE STREET
(Rosehill Drive
to Rosehill Drive)
to Oakwood School)
LOGAN STREET
(Hickory Street to
CZAKI STREET
(Moczygemba St. to
of Logan Street)
Czaki Street)
150' North
-1-
Approximate Dimensions
750' x 27'
1300' x 27'
700' x 30'
400' x 22.5'
AGREEMENT PROVISIONS
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following
engineering services for the LA, in connection with the proposed
improvement hereinbefore described, and itemized below:
A. Make such detailed surveys as are necessary for the
preparation of detailed roadway plans.
B. Make or cause to be made such soil surveys or subsurface
investigations including borings and soil profiles and
analyses thereof as may be required to furnish
sufficient data for the design of the proposed
improvement. Such investigations are to be made in
accordance with the current requirements of the
DEPARTMENT.
C. Make and furnish the LA with five (5) copies of the
plans, special provisions, proposals and estimates for
review as to form and content. Following the review,
comments received will be incorporated into the final
design documents.
D. Make final design documents consisting of complete
general and detailed plans," special provisions,
proposals and estimates. Additional copies of any or
all documents, if required, shall be furnished to the
LA by the Engineer at his actual cost for reproduction.
E. Assist the LA in receipt and evaluation of proposals and
the awarding of the construction contract.
F. Furnish or cause to be furnished a resident engineer,
inspectors and other technical personnel to perform the
following work based upon a maximum construction
schedule of 30 working days from construction
commencement. In the event construction exceeds that
period, additional compensation will be negotiated.
1) Continuous observation of the work and the
contractor's operation for compliance with
the plans and specifications as construction
proceeds, but the ENGINEER does not
Guarantee the performance of the contract
by the contractor;
-2-
2) Maintain a daily record of the contractor's
activities throughout construction including
sufficient information to permit
verification of the nature and cost of
changes in plans and authorized extra work;
3) Supervision of Inspectors, proportioning
engineers and other technical personnel, and
the taking and submitting of material
samples;
4) Revision of contract drawings to reflect
conditions of record;
5) Preparation and submission to the LA in the
required form and number of copies, all
partial and final payments estimates, change
orders, records, and reports required by the
LA and the DEPARTMENT.
G. Furnish or cause to be furnished:
1) Proportioning and testing of concrete
mixtures in accordance with the "Manual of
Instructions for concrete Proportioning and
Testing" issued by the Bureau of Materials
and Physical Research, of the DEPARTMENT and
promptly submit reports on forms prepared
by said Bureau.
2) Proportioning and testing of bituminous
mixtures (including extracting rest) in
accordance with the "Manual of Instructions
for Bituminous Proportioning and Testing"
issued by the Bureau of Materials and
Physical Research, of the DEPARTMENT, and
promptly submit reports on forms prepared
by said Bureau.
3) All compaction tests as required by the
specifications and report promptly the same
on forms prepared by the Bureau of Materials
and Physical Research.
-3-
4) Quality and sieve analyses on local
aggregates to see that they comply with the
specifications contained in the contract.
5) Inspection of all materials when inspection
is not provided at the sources by the Bureau
of Materials and Physical Research, of the
DEPARTMENT and submit inspection reports to
the LA and the DEPARTMENT in accordance with
the policies of the said DEPARTMENT.
2. That all reports, plans, plats and special provisions to be
furnished by the ENGINEER, pursuant to this AGREEMENT, will
be in accordance with current standard specifications and
policies of the DEPARTMENT and applicable statutes and local
ordinances. It is understood that all such reports, plats,
plans and drafts shall, before being finally accepted, be
subject to approval by the LA and DEPARTMENT.
3. To attend conferences (maximum three) at any reasonable time
when requested to do so by representatives of the LA and
DEPARTMENT.
4. In the event plans or surveys are found to be in error during
construction of the SECTION and revisions of the plans or
survey corrections are necessary, the ENGINEER agrees that he
will perform such work without expense to the LA, even though
final payment has been received by him. He shall give
immediate attention to these changes so there will be a
minimum delay to the Contractor.
5. That basic survey notes and sketches, charts, computations and
other data prepared or obtained by the ENGINEER pursuant to
this AGREEMENT will be made available, upon request, to the
LA or the DEPARTMENT without cost and without restriction or
limitations as to their use.
6. That all plans and other documents furnished by the ENGINEER
pursuant to this AGREEMENT will be endorsed by him and will
show his professional seal where such is required by law.
7. To submit, upon request by the LA or the DEPARTMENT a list of
the personnel and the equipment he proposes to use in
fulfilling the requirements of the AGREEMENT.
-4-
THE LA AGREES,
1. To pay the ENGINEER as compensation for all services performed
as stipulated in paragraphs la, lc, ld, le, 2, 3, 5, 6, and
7 a sum of money equal to six (6) percent of the awarded
contract cost of the proposed improvements as approved by the
DEPARTMENT.
2. To pay for services stipulated in paragraphs lb, lf, lg of THE
ENGINEER AGREES at the hourly rates stipulated on EXHIBIT A
for personnel assigned to this SECTION as payment in full to
the ENGINEER for the actual time spent in providing these
services the hourly rates to include profit, overhead,
readiness to serve, insurance, social security and retirement
deductions. Traveling and other out -of- pocket expenses will
be reimbursed to the ENGINEER at his actual cost. Subject to
the approval of the LA, the ENGINEER may sublet all or part
of the services provided under paragraphs la, lc, ld, and le
of THE ENGINEER AGREES. If the ENGINEER sublets all or a part
of this work, the LA will pay the cost to the ENGINEER plus
a five (5) percent service charge. "Cost to ENGINEER" to be
verified by furnishing the LA and the DEPARTMENT copies of
invoices from the party doing the work. The classifications
of the employees used in the work should be consistent with
the employee classifications shown in EXHIBIT A. If the
personnel of the firm, including the Principal Engineer,
perform routine services that should normally be performed by
lesser salaried personnel, the wage rate billed for such
services shall be commensurate with the work performed.
3. That payments due the ENGINEER for services rendered in
accordance with this AGREEMENT shall be made within forty five
(45) days after the services have been performed, and the
Village has been invoiced for those services in accordance
with the following schedule:
A. Upon completion of details, plans, special
provisions, proposals, estimate of cost and
contract award - being the work required by
paragraphs la through lg under THE ENGINEER AGREES
- to the satisfaction of the LA and their approval
by the DEPARTMENT, 95 percent of the total fee due
under this AGREEMENT.
B. By mutual agreement, partial payments, not -to-
exceed 95 percent of the amount earned, may be
made from time to time as the work progresses.
-5-
C. Upon completion of all final reports required by
the LA and the DEPARTMENT, and acceptance of the
improvement by the DEPARTMENT, 100 percent of the
total fees due under this AGREEMENT, less any
amounts previously paid.
4. That, should the improvement be abandoned at any time after
the ENGINEER has performed any part of the services provided
for in paragraphs la through lg, and prior to the completion
of such services, the LA shall reimburse the ENGINEER for his
actual cost plus 15 percent incurred up to the time he is
notified in writing of such abandonment - "actual cost" being
defined as material cost plus payrolls and overhead and burden
expenses including insurance, social security and retirement
deductions. Traveling and other out -of- pocket expenses will
be reimbursed to the ENGINEER at his actual cost.
5. That, should the LA require changes, other than the initial
review comments, in any of the detailed plans, specifications,
or estimates, (except for those required pursuant to paragraph
4 of THE ENGINEER AGREES) after they have been approved by
the DEPARTMENT, the LA will pay the ENGINEER for such changes
on the basis of actual cost plus 15 percent to cover profit,
overhead, and readiness to serve - "actual cost" being defined
as in paragraph 4 above. It is understood that "changes" as
used in this paragraph shall in no way relieve the ENGINEER
of his responsibility to prepare a complete and adequate set
of plans and specifications.
6. That should the LA extend completion of the improvement beyond
the time limit given in the contract, the LA will pay the
ENGINEER, in addition to the fees provided herein, his actual
cost incurred beyond such time limit - "actual cost" being
defined as in paragraph 4 above.
IT IS MUTUALLY AGREED,
1. That any difference between the ENGINEER and the LA concerning
the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting
of one member appointed by the ENGINEER, one member appointed
by the LA and a third member appointed by the two other
members for disposition and that the committee's decision
shall be final.
-6-
2. This AGREEMENT, may be terminated by the LA upon giving
notice in writing to the ENGINEER at his last known post
office address. Upon such termination, the ENGINEER
shall cause to be delivered to the LA all surveys,
permits, agreement, preliminary bridge design &
Hydraulic report, drawings, specifications, partial and
completed estimates, and data, if any from traffic
studies and soil surveys and subsurface investigations
with the understanding that all such material becomes
the property of the LA. The ENGINEER shall be paid for
any services completed and any services partially
completed in accordance with Section 4 of THE LA AGREES.
3. That the ENGINEER warrants that he has not employed or
retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit
or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona
fide employee working solely for the ENGINEER, any fee,
commission, percentage, brokerage, fee, gifts, or any
other consideration, contingent upon or resulting from
the award or making of this contract. For breach or
violation of this warranty the LA shall have the right
to annul this contract without liability.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in
quadruplicate counterparts, each of which shall be considered as an original by
their duly authorized officers.
Executed by the LA:
Vlilace of Lemon+ (Municipality /Township /County)
By: C�� 1„ d C
•
Title: .40A r AV a
(seal) (seal)
Illinois, acting by and through its
of the State of
Executed by the ENGINEER:
BANNER CONSULTANTS, INC.
7667 W. 95th Street - Suite 1E
Hickory Hills, Illinois 60457
By:
ti✓ 4.0.101144.0,1J14..
ONY , 2 . McNAMARA
Title: PRESIDENT
(seal)
Certification of Engineer
The ENGINEER certifies that he /she and his /her principals have not
been barred from signing this AGREEMENT as a result of a violation
of Sections 33E -3 and 33E -4 of the Criminal Code of 1961 (Chapter
38 of the Illinois Revised Statutes).
Date: January 7, 1993
-8-
Signatur
EXHIBIT A
1993 HOURLY YhhS
CLASSIFICATION HOURLY RATE
PRINCIPAL $ 65.00
SENIOR ENGINEER 62.50
REGISTERED SURVEYOR 60.00
RESIDENT ENGINEER 55.00
PROJECT ENGINEER 60.00
ENGINEER 47.50
DESIGN TECHNICIAN 37.50
DRAFTSMAN /CADD OPERATOR 25.00
2 MAN SURVEY CREW 85.00
3 MAN SURVEY CREW 100.00
CLERICAL /ADMINISTRATIVE 25.00
REPRODUCTION SERVICE:
BLUELINE PRINTS (24" X 36 ") 1.10 /COPY
MYLAR COPIES (24" X 36 ") 12.00 /COPY
ADDITIONAL SERVICES SUCH AS MILEAGE, LONG DISTANCE TELEPHONE
CALLS OR EMERGENCY DELIVERY SERVICES ARE INVOICED UTILIZING
INDUSTRY STANDARDS.
Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court /Schaumburg, Illinois /60196 -1096
LOCAL ROADS AND STREETS
CITY MFT
Lemont
Section: 93- 00019 -00 -RS
Cook County
February 8, 1993
Charlene Smollen
Village Clerk
418 Main St.
Lemont, IL 60439
Dear Madam:
The Resolution for Section 93- 00019- 00 -RS, adopted by the
President and Board of Trustees on January 25, 1993, was
approved by this Department on February 8, 1993. This
resolution provides for reconstruction on various streets and
appropriates $191,000.00 of Motor Fuel Tax funds for the
subject section.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
DV /rh
cc: William T. Sunley -w /encl.
M.F.T. Auditors
Banner Consultants, Inc.
6412/2
Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court/Schaumburg, Illinois /60196 -1096
LOCAL ROADS AND STREETS
CITY MFT
Lemont
Section: 93- 00019 -00 -RS
Cook County
February 8, 1993
Charlene Smollen
Village Clerk
418 Main St.
Lemont, IL 60439
Dear Madam:
The agreement for engineering services dated January 25, 1993
between the Village of Lemont and Banner Consulting Engineers,
for engineering services to be performed in connection with the
Village's motor fuel tax Construction improvement designated as
Section 93- 00019 -00 -RS was approved by this Department on
February 8, 1993. The Village's file copy of the agreement is
being returned herewith.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
DV /rh
cc: William T. Sunley w /encl.
Banner Consultants, Inc. w /encl.
6412/3